22 U.S.C. § 2680b — Special rules for certain monthly work-

Page 1120 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2680a 1 So in original. Probably should be ‘‘an’’. (3) Congressional Research Service and Con- gressional Budget Office staff shall be treated as congressional staff for any briefings or in- formal discussions. (c) Requirement to disclose unclassified informa- tion The Secretary and the Administrator shall not refuse to provide information to the Congres- sional Research Service or the Congressional Budget Office on the basis that the Secretary or the Administrator deems such information to be sensitive but unclassified. (Pub. L. 118–159, div. G, title LXXII, § 7209, Dec. 23, 2024, 138 Stat. 2532.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Administrator’’ as used in this section, see section 7002 of Pub. L. 118–159, set out as a note under section 2651 of this title. § 2680a. Compensation for disability or death Section 1651 of title 42 shall not apply with re- spect to such contracts as the Secretary of State may determine which are contracts with persons employed to perform work for the Department of State or the Foreign Service on an intermit- tent basis for not more than 90 days in a cal- endar year. (Aug. 1, 1956, ch. 841, title I, § 16, as added and re- numbered title I, Pub. L. 97–241, title I, § 122, title II, § 202(a), Aug. 24, 1982, 96 Stat. 281, 282.) Editorial Notes PRIOR PROVISIONS A prior section 2680a, acts Aug. 1, 1956, ch. 841, § 16, as added Oct. 26, 1974, Pub. L. 93–475, § 12, 88 Stat. 1442; amended Oct. 7, 1978, Pub. L. 95–426, title I, § 117, 92 Stat. 969, related to authority and responsibility of chiefs of mission, prior to repeal by Pub. L. 96–465, title II, § 2205(10), Oct. 17, 1980, 94 Stat. 2160. Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. See section 3927 of this title. § 2680b. Special rules for certain monthly work- ers’ compensation payments and other pay- ments for Department of State personnel under chief of mission authority (a) Adjustment of compensation for certain inju- ries (1) Increase The Secretary of State or the head of any other Federal agency may pay an additional monthly monetary benefit, provided that the covered employee is receiving benefits under section 8105 or 8106 of title 5, and may deter- mine the amount of each monthly monetary benefit amount by taking into account— (A) the severity of the qualifying injury; (B) the circumstances by which the cov- ered employee became injured; and (C) the seniority of the covered employee, particularly for purposes of compensating for lost career growth. (2) Maximum Notwithstanding chapter 81 of title 5, the total amount of monthly compensation in- creased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of such title. (b) Costs for treating qualifying injuries The Secretary of State may pay the costs of or reimburse for diagnosing and treating— (1) a qualifying injury of a covered employee for such costs, that are not otherwise covered by chapter 81 of title 5 or other provision of Federal law; or (2) a covered individual, or a covered depend- ent, for such costs that are not otherwise cov- ered by Federal law. (c) Information exchange To avoid duplicate or otherwise improper pay- ments under this subsection, the Secretary of Labor, the Secretary of State, and, as appro- priate, the head of any other Federal agency paying benefits under this section shall ex- change information about the amounts paid for treatment of qualifying injuries. (d) Regulations Not later than 120 days after December 20, 2019, the Secretary of State shall— (1) prescribe regulations ensuring the fair and equitable implementation of this section; and (2) submit to the Committee on Foreign Re- lations of the Senate and the Committee on Foreign Affairs of the House of Representa- tives such regulations. (e) Definitions In this section: (1) Covered dependent The term ‘‘covered dependent’’ means a fam- ily member (as defined by the Secretary of State) of a 1 employee who, on or after Janu- ary 1, 2016— (A) accompanies the employee to an as- signed duty station in a foreign country under chief of mission authority; and (B) becomes injured by reason of a quali- fying injury. (2) Covered employee The term ‘‘covered employee’’ means an em- ployee of the Federal Government who, on or after January 1, 2016, becomes injured by rea- son of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f), but does not in- clude an individual receiving compensation under section 3519b of title 50. (3) Covered individual The term ‘‘covered individual’’ means an in- dividual who, on or after January 1, 2016, be- comes injured by reason of a qualifying injury and is— (A) detailed to a duty station in the Re- public of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to sub- section (f); or Page 1121 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2680b (B) affiliated with the Department of State, as determined by the Secretary of State. (4) Qualifying injury The term ‘‘qualifying injury’’ means the fol- lowing: (A) With respect to a covered dependent, an injury incurred— (i) during a period in which the covered dependent is accompanying an employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); (ii) in connection with war, insurgency, hostile act, terrorist activity, or other in- cident designated by the Secretary of State; and (iii) that was not the result of the willful misconduct of the covered dependent. (B) With respect to a covered employee or a covered individual, an injury incurred— (i) during a period of assignment to a duty station in the Republic of Cuba, the People’s Republic of China, or another country designated by the Secretary of State pursuant to subsection (f); (ii) in connection with war, insurgency, hostile act, terrorist activity, or other in- cident designated by the Secretary of State; and (iii) that was not the result of the willful misconduct of the covered employee or the covered individual. (f) Designation by the Secretary of State of an- other foreign country or duty station The Secretary of State may designate another foreign country for the purposes of this section, provided that the Secretary reports such des- ignation to the Committee on Foreign Relations of the Senate and the Committee on Foreign Af- fairs of the House of Representatives, and in- cludes in such report a rationale for each such designation. The Secretary of State may not designate an added foreign country or duty sta- tion for purposes of providing additional mone- tary benefit pursuant to subsection (a), (b), or (i) for a qualifying injury to covered employees, covered dependents, or covered individuals under this section unless the Secretary of State— (1) provides to the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representa- tives 30 days’ notice of the designation of a particular additional country or duty station and the rationale for such addition; and (2) provides no such additional monetary benefit pursuant to subsection (a), (b), or (i) to covered employees, covered dependents, or covered individuals for a qualifying injury until the 30-day notice period expires, unless there is written agreement by both the Chair and Ranking Members of both the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that there is no objection to proceeding with provision of such monetary benefit compensation in less than 30 days. (g) Treatment of amounts For purposes of section 104 of title 26, amounts paid pursuant to this section shall be treated as amounts described in subsection (a)(5) of such section. (h) Application (1) Adjustment of compensation provision Subsections (a) and (b) shall apply with re- spect to— (A) payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5 beginning on or after January 1, 2016; and (B) diagnosis or treatment described in subsection (b) occurring on or after January 1, 2016. (2) Other payment provision Payment under subsection (i) may be made available for a qualifying injury (as defined in such subsection) that occurs before, on, or after October 8, 2021. (3) Rule of construction Nothing in this section shall limit, modify, or otherwise supersede chapter 81 of title 5, the Defense Base Act (42 U.S.C. 1651 et seq.), or section 3519b of title 50. Monetary benefits and treatment expenses paid under this section shall not be considered payments under any workers’ compensation law. (i) Other injuries (1) Definitions In this subsection: (A) Covered dependent The term ‘‘covered dependent’’ has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign coun- try. (B) Covered employee The term ‘‘covered employee’’ has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign coun- try. (C) Covered individual The term ‘‘covered individual’’ has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign coun- try. (D) Qualifying injury The term ‘‘qualifying injury’’ has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People’s Republic of China, or another foreign coun- try. (2) Authority Notwithstanding any other provision of law but subject to paragraph (3), the Secretary of State or other agency head with an employee Page 1122 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2680b may provide payment to a covered dependent, a dependent of a former employee, a covered employee, a former employee, and a covered individual for a qualifying injury to the brain. (3) Limitations (A) Appropriations required Payment under paragraph (2) in a fiscal year may only be made using amounts ap- propriated in advance specifically for pay- ments under such paragraph in such fiscal year. (B) Matter of payments Payments under paragraph (2) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis. (C) Amounts of payments The total amount of funding obligated for payments under paragraph (2) may not ex- ceed the amount specifically appropriated for providing payments under such para- graph during its period of availability. (4) Regulations (A) In general The Secretary or other agency head de- scribed in paragraph (2) that provides pay- ment under such paragraph shall prescribe regulations to carry out this subsection. (B) Elements The regulations prescribed under subpara- graph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2). (5) No effect on other benefits Payments made under paragraph (2) are sup- plemental to any other benefit furnished by the United States Government for which a covered dependent, dependent of a former em- ployee, covered employee, former employee, or covered individual is entitled, and the receipt of such payments may not affect the eligi- bility of such a person to any other benefit furnished by the United States Government. (j) Expansion of authorities The head of any Federal agency may exercise the authorities of this section, including to des- ignate an incident, whether the incident oc- curred in the United States or abroad, for pur- poses of subparagraphs (A)(ii) and (B)(ii) of sub- section (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not under the security responsibility of the Secretary of State as set forth in section 4802 of this title or when oper- ational control of overseas security responsi- bility for such employees or dependents has been delegated to the head of the agency. (Pub. L. 116–94, div. J, title IX, § 901, Dec. 20, 2019, 133 Stat. 3079; Pub. L. 116–283, div. A, title XI, § 1110, Jan. 1, 2021, 134 Stat. 3892; Pub. L. 117–46, § 3(b), Oct. 8, 2021, 135 Stat. 394; Pub. L. 117–103, div. X, title VI, § 603(b), Mar. 15, 2022, 136 Stat. 995; Pub. L. 117–263, div. I, title XCII, § 9216, Dec. 23, 2022, 136 Stat. 3877.) Editorial Notes REFERENCES IN TEXT The Defense Base Act, referred to in subsec. (h)(3), is act Aug. 16, 1941, ch. 357, 55 Stat. 622, which is classified generally to chapter 11 (§ 1651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (i)(5). Pub. L. 117–103 added par. (5). Subsec. (j). Pub. L. 117–263 added subsec. (j). 2021—Subsec. (a)(1). Pub. L. 116–283, § 1110(1), inserted ‘‘or the head of any other Federal agency’’ after ‘‘The Secretary of State’’ in introductory provisions. Subsec. (c). Pub. L. 116–283, § 1110(2), substituted ‘‘, the Secretary of State, and, as appropriate, the head of any other Federal agency paying benefits under this section’’ for ‘‘and the Secretary of State’’. Subsec. (e)(2). Pub. L. 116–283, § 1110(3), substituted ‘‘the Federal Government’’ for ‘‘the Department of State’’ and inserted ‘‘, but does not include an indi- vidual receiving compensation under section 3519b of title 50’’ before period at end. Subsec. (f). Pub. L. 117–46, § 3(b)(1), substituted ‘‘sub- section (a), (b), or (i)’’ for ‘‘subsection (a) or (b)’’ in in- troductory provisions and in par. (2). Subsec. (h)(1). Pub. L. 117–46, § 3(b)(2)(A), substituted ‘‘Adjustment of compensation provision’’ for ‘‘In gen- eral’’ in heading and ‘‘Subsections (a) and (b)’’ for ‘‘This section’’ in introductory provisions. Subsec. (h)(2). Pub. L. 117–46, § 3(b)(2)(C), added par. (2). Former par. (2) redesignated (3). Pub. L. 116–283, § 1110(4), substituted ‘‘Nothing in this section shall limit, modify, or otherwise supersede chapter 81 of title 5, the Defense Base Act (42 U.S.C. 1651 et seq.), or section 3519b of title 50.’’ for ‘‘Nothing in this section shall modify or otherwise supersede chapter 81 of title 5 or chapter 11 of title 42.’’ Subsec. (h)(3). Pub. L. 117–46, § 3(b)(2)(B), redesignated par. (2) as (3). Subsec. (i). Pub. L. 117–46, § 3(b)(3), added subsec. (i). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 117–46, § 3(d), Oct. 8, 2021, 135 Stat. 396, pro- vided that: ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Oct. 8, 2021], the Sec- retary of State and each other agency head that makes a payment under subsection (i)(2) of section 901 of title IX of division J of the Further Consolidated Appropria- tions Act, 2020 (22 U.S.C. 2680b), as added by subsection (b) of this section, shall prescribe regulations required under subsection (i)(4)(A) of such Act. ‘‘(2) NOTICE TO CONGRESS.—Not later than 210 days after the date of the enactment of this Act, the Sec- retary of State and the agency heads described in para- graph (1) shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1).’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 3(d) of Pub. L. 117–46, set out above, see section 3(a) of Pub. L. 117–46, set out below.] DEFINITIONS Pub. L. 117–46, § 3(a), Oct. 8, 2021, 135 Stat. 393, pro- vided that: ‘‘(a) DEFINITIONS.—In this section [amending this sec- tion and enacting provisions set out as a note above]: ‘‘(1) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Relations, the Committee on Homeland Security and Govern- mental Affairs, and the Committee on Appropria- tions of the Senate; and Page 1123 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2683 ‘‘(B) the Committee on Foreign Affairs, the Com- mittee on Homeland Security, and the Committee on Appropriations of the House of Representatives. ‘‘(2) COVERED DEPENDENT.—The term ‘covered de- pendent’ has the meaning given such term in sub- section (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b). ‘‘(3) COVERED EMPLOYEE.—The term ‘covered em- ployee’ has the meaning given such term in sub- section (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b). ‘‘(4) COVERED INDIVIDUAL.—The term ‘covered indi- vidual’ has the meaning given such term in sub- section (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b). ‘‘(5) QUALIFYING INJURY.—The term ‘qualifying in- jury’ has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Fur- ther Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b).’’ § 2681. International broadcasting facilities; transfer to Department of State; acquisition of property For the purpose of assuring continued oper- ation of the facilities hereinafter described for international broadcasting as a means of achiev- ing the objectives of the United States Informa- tion and Educational Exchange Act of 1948 [22 U.S.C. 1431 et seq.] under authority of that Act, the Reconstruction Finance Corporation, as suc- cessor to Defense Plant Corporation, shall trans- fer, without regard to the provisions of the Sur- plus Property Act of 1944, as amended, and with- out reimbursement or transfer of funds, to the Secretary of State (hereinafter referred to as the ‘‘Secretary’’) all of its right, title, and inter- est in and to the facilities known as Plancors 1805, 1985, and 1986 located in Butler County, Ohio, in the vicinity of Delano, California, and Dixon, California, respectively, together with the equipment and other property appurtenant thereto. For the purposes of sections 2681 to 2683 of this title, the Secretary is authorized to ac- quire property or rights or interests therein nec- essary or desirable for the operation of such fa- cilities by purchase, lease, gift, transfer, con- demnation, or otherwise. (July 9, 1949, ch. 301, § 1, 63 Stat. 408.) Editorial Notes REFERENCES IN TEXT The United States Information and Educational Ex- change Act of 1948, referred to in text, is act Jan. 27, 1948, ch. 36, 62 Stat. 6, which is classified generally to chapter 18 (§ 1431 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title, and Tables. The Surplus Property Act of 1944, referred to in text, is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classi- fied principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of the former Appen- dix to Title 50, by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were par- tially repealed by the 1949 act, and section 1622 was edi- torially reclassified and is set out as a note under sec- tion 545 of Title 40, Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(d), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, § 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, § 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§ 2451 et seq.) of this title. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are cov- ered by provisions of the 1949 act which were classified to chapter 10 (§ 471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were re- pealed and reenacted by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40. CODIFICATION Section was formerly classified to section 170a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out as a note under section 601 of Title 15, Commerce and Trade, abolished the Reconstruction Finance Corporation. § 2682. Liquidation and disposal of broadcasting facilities Whenever the Secretary finds that the oper- ation of the facilities authorized by sections 2681 to 2683 of this title to be transferred is no longer necessary or desirable, he shall report such fact to Congress with his recommendations for the disposition of such facilities. (July 9, 1949, ch. 301, § 2, 63 Stat. 408.) Editorial Notes CODIFICATION Section was formerly classified to section 170b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 2683. Assumption of obligations of operation of broadcasting facilities The Department of State shall assume all obli- gations of the Reconstruction Finance Corpora- tion covering operations of said facilities, equip- ment, and appurtenant property outstanding at the date of transfer. (July 9, 1949, ch. 301, § 3, 63 Stat. 408.) Editorial Notes CODIFICATION Section was formerly classified to section 170c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out as a note under